It doesn't matter how many times the FS pilot went around the patch, he has the "right of way", so to speak, and it was up to the spotter or air boss to let the rc pilot know where the FS was at all times.
The right of way is from an AC and AMA rules. It does not really mean the same thing as the right of way rules in the FAR's. The FAA will blame the pilot for not following altitude rules, will probably accuse him of doing arobatics without a waiver, and not following AIM airport proceedures.